Judge denies publication ban request in extradition case

A B.C. Supreme Court judge dismissed a defence lawyer’s application Friday for a publication ban in the case of a real estate developer facing possible extradition to the U.S. to face fraud allegations.

Mark John Chandler, a Vancouver real estate developer with a history of legal skirmishes, appeared at a hearing Friday. The U.S. government is seeking his extradition to face allegations he participated in an alleged “fraudulent scheme” involving a proposed Los Angeles highrise condo development. The U.S. requested Chandler’s extradition in March 2015.

Chandler’s extradition hearing comes while his Langley condo project is entangled in legal disputes, including foreclosure actions initiated by private lenders and a lawsuit filed on behalf of dozens claiming they paid deposits for strata units.

It has been more than two years since the U.S. requested Chandler’s extradition. But Chandler’s lawyer, Michael Bolton, said it wasn’t until this week the case received “a huge amount of publicity.”

Because Chandler, 54, faces a federal felony charge in the U.S., it will automatically go to jury trial, Bolton said, arguing that publishing details of the case might impair Chandler’s chances at a fair trial in the U.S. if he is extradited.

The Attorney General of Canada opposed any publication ban, said John Gibb-Carsley, a lawyer with the Department of Justice Canada, who is acting on behalf of the U.S.

Gibb-Carsley cited an earlier Canadian court decision regarding a U.S. extradition request which highlighted the right of freedom of the press, saying: “Public confidence in our judicial system is not enhanced if justice is dispensed behind closed doors and for reasons that are kept secret.”

Gibb-Carsley said an application for such a ban would normally come at the beginning of an extradition hearing. Since Chandler was arrested in May 2015, there had already been 19 court appearances.

Gibb-Carsley argued extradition hearings are often subject to public scrutiny and there was nothing extraordinary about Chandler’s case.

Bolton replied “there was nothing extraordinary about this case until yesterday,” referring to The Vancouver Sun’s front-page story.

After a recess, B.C. Supreme Court Justice Jennifer Duncan dismissed the application, citing, among other reasons, the importance of the court operating in public.

The extradition hearing was adjourned to next month, for a decision on a request by Chandler’s defence lawyer for further disclosure from the U.S.

Chandler, when approached outside court, would not comment.